Companies Act 1985

449 Provision for security of information obtained

(1) No information or document relating to a body which has been obtained under section 447 or 448 shall, without the previous consent in writing of that body, be published or disclosed, except to a competent authority, unless the publication or disclosure is required—

(a) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to, or arising out of, this Act, the Insider Dealing Act or the [1982 c. 50.] Insurance Companies Act 1982, or any criminal proceedings for an offence entailing misconduct in connection with the management of the body's affairs or misapplication or wrongful retainer of its property;

(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to, or arising out of, the [1947 c. 14.] Exchange Control Act 1947,

(c) for the purposes of the examination of any person by inspectors appointed under section 431, 432, 442 or 446 in the course of their investigation,

(d) for the purpose of enabling the Secretary of State to exercise, in relation to that or any other body, any of his functions under this Act, the Insider Dealing Act, the [1958 c. 45.] Prevention of Fraud (Investments) Act 1958 and the Insurance Companies Act 1982,

(e) for the purposes of proceedings under section 448.

(2) A person who publishes or discloses any information or document in contravention of this section is guilty of an offence and liable to imprisonment or a fine, or both.

Sections 732 (restriction on prosecutions) and 733(2) and (4) (liability of individuals for corporate default) apply to this offence.

(3) For purposes of this section—

(a) in relation to information or a document relating to a body other than one carrying on industrial assurance business (as defined by section 1(2) of the [1923 c. 8.] Industrial Assurance Act 1923), each of the following is a competent authority—

(i) the Secretary of State for Trade and Industry, and any officer of his,

(ii) an inspector appointed under this Part by the Secretary of State,

(iii) the Treasury, and any officer of the Treasury,

(iv) the Lord Advocate,

(v) the Director of Public Prosecutions.

(vi) any constable, and

(vii) any procurator fiscal;

(b) in relation to information or a document relating to a body carrying on industrial assurance business (as so defined), all the same persons as above specified are competent authorities, and also the Industrial Assurance Commissioner and any officer of his.